Patna High CourtCR. MISC./52151/2016bail granted

Pradeep Kumar Singh And ORS v. The State Of Bihar

2016-12-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52151 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -GOH District- AURANGABAD ======================================================

1. Pradeep Kumar Singh, Son of Late Shubh Narayan Singh, Resident of Village- Choubra Bargaon, P.S.- Rafiganj, District- Aurangabad

2. Brijnandan Ram @ Brijnanan Ram, Son of Late Rambilash Ram, Resident of Village- Khiridayal, P.S.- Navinagar, District- Aurangabad

3. Kumer Prasad, Son of Late Lakhan Sao, Resident of Village- Rafiganj, P.S.- Rafiganj, District- Aurangabad

4. Raghvendra Sharma @ Raghav Deo Sharma, Son of Mandip Sharma, Resident of Village- Beri, P.S.- Pouthu, District- Aurangabad .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bachan Jee Ojha, Adv. For the Opposite Party : Mr. Ashok Kumar Singh, APP 213 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2016 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 409, 188, 201 and 120B of the Indian Penal Code.

Petitioners are Government servants and allegation is that they were Panchayat Secretaries at the relevant time. They did not submit file folders of the teachers appointed on contract to the superior authorities.

Submission of the petitioners is that in fact the petitioners joined subsequently at their respective places and they had already submitted available file folders. More over, this may be a case of insubordination of a Government servant making them liable for disciplinary proceeding, but, no criminal offence is made out.

Considering the aforesaid fact, the petitioners, above

Patna High Court Cr.Misc. No.52151 of 2016 (2) dt.21-12-2016 named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Goh P.S. Case No. 20 of 2016 to the satisfaction of the Subdivisional Judicial Magistrate, Daudnagar, Aurangabad, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Birendra Kumar, J) SA/- U √ T √